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Types of trademark licenses

Trademark licensing rights refer to the right of the trademark owner to license others to use its registered trademark by signing a trademark licensing contract. The editor has shared with you the types of trademark licensing rights that have been sorted out. You are welcome to read them, for reference only!

Trademark licensing rights

Trademark licensing rights mean that the trademark owner can Signing a trademark license contract gives others the right to use their registered trademark. The licensor shall supervise the quality of the goods used by the licensee using its registered trademark, and the licensee must indicate the name of the licensee and the origin of the goods on the goods using the registered trademark. The trademark license contract must be reported to the Trademark Office for filing. If the trademark license contract is not filed, the validity of the license contract will not be affected, unless otherwise agreed by the parties. If a trademark license contract is not filed with the Trademark Office, it may not be used against a bona fide third party. The main types of trademark use licenses include exclusive use licenses, exclusive use licenses, general use licenses, etc.

The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases stipulates that trademark use licenses include the following three categories:

1. Exclusive use licenses. This license means that the trademark registrant allows the registered trademark to be used by only one licensee within the agreed period, region and agreed method. The trademark registrant is not allowed to use the registered trademark according to the agreement;

II , exclusive use license. This license means that the trademark registrant licenses the registered trademark to a licensee for use within the agreed period, region and agreed method. The trademark registrant can use the trademark according to the agreement but may not license others to use it. The registered trademark;

3. General use license. This license means that the trademark registrant allows others to use its registered trademark within the agreed period, region and agreed method, and can use the registered trademark on its own and license others to use its registered trademarks.

How to terminate the trademark license contract?

Termination of the trademark license contract

(1) According to the provisions of the "Contract Law", the main circumstances for the termination of the contract are: :

1. Termination upon expiration;

2. The parties to the contract reach consensus and terminate the contract early;

3. Other circumstances that require early termination of the contract.

If the contract expires and is terminated, the contract registration will automatically become invalid. When the contract is terminated early, both parties should sign a termination agreement. If the parties to a contract have a dispute over the termination of the contract, they should request an arbitration institution or the people's court for a ruling. The parties concerned will file an early termination filing with the Trademark Office based on the ruling, and the Trademark Office will make an announcement.

(2) There is no restitution fee required for early termination of registration. The materials that need to be submitted are:

1. Application for early termination of trademark license contract;

2. The termination agreement signed between the licensor and the licensee or the termination decision made by the court and arbitration agency. The termination agreement or termination decision should be reported to the Trademark Office within three months;

3. Original filing Notice.

4. Letter of attorney.

After passing the review, the Trademark Office will issue a "Notice of Early Termination of the Registration of Trademark License Contract" and make an announcement. If the conditions are not met, corrections will be made.

After the trademark license contract is terminated, if the original licensee continues to use the licensor's trademark, the licensor may pursue its liability for trademark infringement in accordance with the law.

How does trademark licensing stipulate liability for breach of contract?

1. Party B cannot exceed the trademark category, product type, trademark use area, use form, and use period stipulated in the "Trademark License Contract" and other conditions, it is legal to use the registered trademark of Ambers International Co., Ltd. of the United States.

2. Party B is limited to using the trademark authorized by American Ambers International Co., Ltd. on the products produced by the company and in its stores. Party B shall not sublicense the trademark authorized by Party A to a third party in any form or reason, nor may it use it as an investment to establish a new legal entity with a third party to produce, sell and make profits.

3. Party B must pay all trademark usage fees in full before using Party A’s registered trademark, and shall not refuse or delay payment for various reasons. During the duration of the license contract, Party A cannot unilaterally terminate Party B's right to use the trademark (except in accordance with the terms of the "Contract Termination Conditions" in this contract).

4. If both parties violate the terms of "liability for breach of contract", the defaulting party shall be fined _____ million yuan.

The above are the types of trademark licenses provided by the editor. I hope they can be helpful to everyone.

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